Lord Warner: My Lords, as my noble friend knows, we have made a huge investment in these services and are, to some extent, the victims of our success. I acknowledge that there are long waits for audiology services and for assessment for hearing aid fittings. To tackle them, I am pleased to announce today that as part of the second phase of the procurement of diagnostics from the independent sector, I have decided that an additional 300,000 patient pathways will be procured. That will start to produce services in the form of assessments, fitting and follow-up for people with hearing difficulties from the early part of 2007.

Lord Wedderburn of Charlton: My Lords, the Minister mentioned the very important Act of 2003, which made it a crime punishable by imprisonment of up to 14 years to take, or to aid and abet the taking of, girls or women abroad. The problem is very serious, as has been said in the Chamber. What is his department doing to investigate the number of women being taken abroad for this mutilation and to prevent it from happening?

Lord Davies of Oldham: My Lords, in the first month of the consultation, the Department for Transport received 26 responses by e-mail and 11 written responses. A variety of themes are emerging, including the use of rolling stock, the extent of through trains, and service levels.

Lord Desai: My Lords, does not my noble friend agree that it is better for the Government to have thought before implementing something like this and withdrawn it, rather than—as the party opposite did with the community charge—insist on it and ruin themselves and the country?

Lord Phillips of Sudbury: My Lords, I am sure the House will be grateful to the noble Baroness for being frank and forthright in what she has said. None the less, one needs to dwell on the fact that when the Bill was first introduced into the House the noble Lord, Lord Whitty, was kind enough to accept that the research as to the practical effects of the pack was simply not adequate. Is there not lesson here for legislation as a whole that it is far better not to have to withdraw a Bill on the point of implementation but better not to bring it forward unless it has been thoroughly researched?

Baroness Sharp of Guildford: We have tabled a series of amendments relating to school food because we felt that Clause 79 needed some debate. AmendmentNo. 214A is a minor amendment and carries forward our wish to see academies, city technology colleges and city colleges of arts and technology included within the general provisions that relate to other maintained schools. We have spoken at length to such amendments, and I do not wish to speak to them again at any length.
	Amendment No. 214B is the substantive amendment in this group. It would reinstate school milk for all primary schools and ensure that schools provide sufficient refrigerated storage capacity to keep it fresh for the period required. That is because last time this was tried, the objection was that these schools no longer had refrigeration facilities to keep the milk, although many of us who had school milk in the 1950s and 1960s will remember that there seemed to be fewer refrigeration facilities in those days.
	Back in the 1970s, the right to school milk was withdrawn. I cut my political teeth marching down Whitehall with a pushchair that had two little girls in it and carrying a placard that said, "Maggie Thatcher, milk snatcher". We have come a long way since then. There is a scheme which subsidises milk for young children in schools, but it can be taken up only by those under five, at nursery school. It is not generally taken up by primary schools. The scheme is funded through the European Union; it provides a fairly substantial subsidy for providing roughly half a pint of milk for each child every day. It aims to provide either free or highly subsidised milk for all primary school children.
	Section 512ZB of the Education Act 2002 contains a provision whereby children eligible for free school meals are also eligible for daily free milk. But it is not mandatory—indeed, the wording is fairly loose, stating:
	"Where a local education authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if...the person is within subsection (4), and...a request that the milk be provided free of charge has been made by him or on his behalf to the authority".
	The problem is that the LEA does not have to provide free milk; it has to be requested, and many parents do not know that they have the right to request it. If the school does not provide milk to any of the children, it does not have to provide it to any of those eligible for free school meals. So there is a many a slip 'twixt cup and lip, one might say, on this issue.
	Those schools that provide milk often do so only as an option at lunchtime and do not provide enough milk for all children to benefit from it. On those occasions, they often provide only to those eligible for free school meals, and many of those do not take up the option. If children are not urged to drink it, they often do not drink it.
	We are not arguing for full cream milk to be provided. Indeed, the guidelines that have now been issued about school food lay down that it should be either semi-skimmed or skimmed milk. If it is to be drunk as milk alone, semi-skimmed is probably more acceptable for children to drink.
	The European Union scheme also provides a subsidy for cheese to be provided in schools, but Britain has never made use of that, although in 1997 the Labour manifesto made promises to bring back both the free school milk and the cheese. French children benefit from the cheese subsidy and eat a great deal of cheese that is provided and subsidised very extensively by the European Union.
	There is a strong case for the school milk provision to be applicable also to secondary school children. Some 25 per cent of teenage girls have such a calcium deficiency already that they will not achieve peak bone mass without some sort of intervention. This increases the risk of bone deterioration in old age.
	We should be aware, too, that it is estimated that some 50 children in every secondary school, which equates to 5 per cent of the secondary school population, have nothing to eat all day. They arrive at school, having had no breakfast at home, with no money and no free school meal entitlement. Save the Children did a report a couple of years back called Bread is Free, and many years ago the British Nutrition Foundation researched the issue. Some schools make free bread available for hungry children, and some make loans available to children so that they can buy school meals. But that does not help very much, in fact, because those children often come from homes where they are worried about telling their parents that they have taken the loan, because they feel that their parents simply cannot repay it, which really just makes things worse at home. Most schools simply turn a blind eye to the fact that children come to school without breakfast and go without any food all day long. They ignore the plight of these children—and then they wonder why the children behave badly.
	The issue of children turning up at school without any sort of breakfast is a very big one. I know that the Government, in the extended schools programme that they are introducing, have extended the number of schools where breakfast is provided—particularly to children without free school meals. This is a big issue. Using the subsidy that we can get from the European Union to provide them with free school milk is something that it seems madness not to take up and use, yet we make it as difficult as we can for schools to do so. I urge the Government to make it much easier for schools. We would like to see the right for all primary school children to have school milk again.
	Amendments Nos. 214C and 214D raise a different issue. Amendment No. 214C is purely probing. We suggested leaving out these lines because we were uncertain as to precisely what sorts of foods were being prohibited. I have to say that since beginning work on this amendment, I have been inundatedwith vast amounts of material about all kinds of regulations on school foods. What sorts of foods are to be banned from school is more explicit. Generally the regulations seem quite sensible, but a number of nutritionists have expressed doubts about the Food Standards Agency's traffic light system. They have criticised it for sometimes being too hard on thesugar and neglecting the salt, or vice versa. Tosome extent we are anxious to raise this issue and probe the Government a little about how they have derived these standards and what the thinking is behind them.
	The final issue is the sort of food that can be brought on to school premises. Discussion in the Commons on the issue of school food raised the bogeyman of schools being unable to hold cake stalls or tombolas at school fairs because that would mean bringing forbidden foods on to school premises. Again, in the draft regulations that have been issued there is a generous list of exceptions, which excludes celebrations, fundraising fairs and a number of other such occasions—staff parties, for example—but we received a letter from a school governor who was clearly worried by the sorts of regulations being introduced. I shall read from it, because it illustrates the concerns about having to implement these regulations:
	"Some of the supporting material gives the impression of having been put together without anyone having read through the final documents for consistency—thus baked potatoes with various fillings are cited as an example of an acceptable lunch main course for secondary schools, but not primary schools. As the main regulations will be entirely incomprehensible to governing bodies and parents without guidance, this sort of discrepancy is somewhat worrying...These regulations are going to take up a lot of time",
	as school meals are a regular issue for governing bodies. It continues:
	"Making the regulations subject to parliamentary scrutiny would undoubtedly reduce the chance of mistakes, and would encourage careful thought about how regulations would be explained before they were made".
	I shall not suggest that we have detailed parliamentary scrutiny of school meal regulations—that would not be a useful use of parliamentary time—but this suggests that the regulations that are being issued are something of a worry to governing bodies, and create some problems out there. I beg to move.

Baroness Sharp of Guildford: I shall speak to Amendments Nos. 216A, 218, 218A, 220 and 222ZA in this grouping, all of which are in my name and that of my noble friend Lady Walmsley. I also support the three amendments that have been spoken to so far.
	Amendments Nos. 216A, 218 and 218A would all put into practice some of the more positive aspects of the Steer report. Amendment No. 216A proposes that, as recommended in the Steer report, every school should appoint a pupil-parent support worker—the amendment quotes directly from the Steer report—
	"as part of the support staff of the school to work with the teachers to ensure appropriate delivery of pupil and parent support measures".
	Aligned with that are Amendments Nos. 218 and 218A, spelling out some of the parent and pupil support measures that might be appropriate. Amendment No. 218 refers to the list included in Clause 82(1), and rather than just dictating that pupils should show respect, it asks for,
	"mutual respect between pupils, parents and staff".
	I shall come back to that amendment in a moment.
	Amendment No. 218A asks that those pupils who need help with managing behaviour and relationships should be given support and guidance. We have in mind the sort of counselling advice offered by the charity Place2Be, which a number of noble Lords know about and have perhaps visited. It operates in some 120 primary schools in deprived areas, dealing with children referred by the staff because their behaviour is truly difficult to manage and they are underperforming. Often helping the pupils means helping the parents. The charity always takes parents into its confidence and has their permission before working with children.
	Children also self-refer. Once a counsellor is established in a school, and has his or her own room, they hold open sessions where children can drop in to discuss any issues worrying them, whether it is the death of a favourite cat or issues of abuse, which arise on occasions. The counsellor's room becomes for children a place to be if they have a worry. It is where they go to talk about it. The counsellor helps them to unravel some of the complicated bits of the unstable lives that some children live. For many of these children, school is an oasis of stability in a disturbed life outside. It gives them a place to go and talk things out.
	Many children who underperform, whether from disadvantaged or "advantaged" homes, do so because of difficult home circumstances, and teachers do not have the time in today's crowded curriculum, with SATs pressures and so forth, to give each child the time that they sometimes need to unravel all the complications in their lives and to come to terms with them. That is essentially what the counsellor is there to do. The person concerned should be trained;the counsellors of the charity Place2Be, whichoffers placements for training, are trained child psychologists.
	The second half of Amendment No. 218A calls for information and guidance for parents. The concepts of parenting contracts and parenting orders were first introduced in the Anti-social Behaviour Act 2003, and they are extended in Clauses 90, 91 and 92 to give head teachers the right to impose them, where they feel it appropriate, for bad behaviour in school. Many parents who are referred to parenting classes after parenting orders have been imposed on them because their children have been difficult come away after three months asking, "Why did nobody tell me about this before?" The response of parents who have difficulty controlling their children—it is usually the boys—is, "I can do nothing about him", and they feel that they would like more help with coping with parenting.
	During the passage of the Education Act 2005, just before the last general election, we tried to introduce a clause under which, when a child joined a school, whether at primary or transition level, or when they moved into the area, the school would make known to the parent where help, such as parenting classes, might be available. That would convey the notion that every child can be difficult at times, but that help is available: teachers can help, the parent/pupil support worker can help and, if parents do not want to go to anybody at the school, there are other places that can help. The school would give them the telephone numbers of places where they can access that help. That is what Amendment No. 216A is about. Wefeel that it is important for parents to be given information; if parents want help, they should know how to get it.
	Amendment No. 218 is about mutual respect. It replaces the concept of,
	"respect for others on the part of pupils",
	with,
	"mutual respect between pupils, parents and staff".
	In 1989, the Elton report on discipline in schools stated:
	"Our evidence suggests that schools which put too much faith in punishments to deter bad behaviour are likely to be disappointed. This is confirmed by research findings. Rutter found that different forms or frequencies of punishment bore little or no relation to standards of behaviour in secondary schools. Mortimore found that behaviour tended to be worse in junior schools that emphasised punishments more than rewards. The more punishments listed, the more negative the effect seems to be...We have suggested that pupils learn more in schools than they are taught. They also learn from messages carried by the way in which the school is run and the relationships between people in it. Our impression is that, in schools with a negative atmosphere, pupils learn to see themselves as irresponsible beings who must be contained and controlled at all times. Our evidence suggests that pupils live up, or down, to teacher expectations... we emphasise the need for adults to model responsible behaviour for children".
	The Government's Respect Action Plan states that,
	"children learn behaviour - good and bad - from the adults around them, and particularly from their parents and teachers".
	Ofsted's 2005 report Managing Challenging Behaviour states that,
	"pupils describe the good teachers as being those who respect pupils".
	The Steer report reiterates those lessons, emphasising the importance of offering rewards as well as sanctions. It says that schools need to set up pastoral support systems for pupils, to which I have referred; that staff need training and support in order to help them to manage pupil behaviour effectively; that staff must themselves demonstrate positive behaviour; and that that should form part of the school's behaviour policy. None of these areas is represented in the Bill and it is unclear whether any will appear in the statutory guidance referred to Clause 81(4).
	Amendment No. 220 is a probing amendment to introduce the concept of redress and, in particular, to ensure that the school has a complaints processin place for parents and pupils who feel that the behaviour policy has been unfairly applied. At present, Clauses 81 and 88 allow for no element of redress. There is no means by which a pupil or parent can challenge a proposed disciplinary penalty that is disproportionate or unreasonable, even if it amounts to degrading or inhuman treatment in breach ofthe pupil's human rights. Where such a penalty is imposed, it is unlikely that it could be successfully challenged by judicial review, save in extreme cases. In cases where parents and pupils feel that the penalty has been unfairly enforced, there is a strong feeling that they should have the right to complain about the imposition of a behaviour or discipline policy into which, as currently drafted, they have little input. This amendment has been suggested by the National Children's Bureau, which feels particularly strongly on this issue.
	Finally, Amendment No. 222ZA is about acceptable behaviour contracts. Its aim is to promote the idea of acceptable behaviour. The idea is that the school, as part of the development of its behaviour policy, develops a set of rules or guidelines for pupils, setting out the sort of behaviour that it expects from them. Many schools already do this, but the amendment carries the practice slightly further by involving parents and asking them to countersign the document with their children. It tries to emphasise the positive—to raise the aspirations of children and their parents about expected behaviour—rather than the negative of ASBOs, parenting orders and so forth.

Lord Adonis: The noble Lord, Lord Lucas, referred to the excellent work of the Practitioners' Group on School Behaviour and Discipline chaired by Sir Alan Steer. As he said, the Steer group recommended behaviour audits to schools as good practice, but it did not recommend making them a statutory requirement, which is why they do not appear in the Bill. We agree with that judgment. Every school is now expected to carry out systematic self-evaluation, which is the central focus of the school inspections carried out by Ofsted. Ofsted provides schools with a self-evaluation form that covers all the main aspects of a school's work, including promoting good behaviour.
	The guidance on completing the self-evaluation form recommends the relevant national strategies behaviour audit tool, which was particularly highlighted by Sir Alan Steer in his report, as a good source of evidence that behaviour requirements are being met. So, without making them a statutory requirement, we have given schools a very strong steer—in both senses of the word—towards conducting regular behaviour audits. We believe that this strikes the right balance between regulation and respecting the professional judgment of head teachers and their governors.
	My noble friend Lady Thornton raised a set of important questions about special educational needs, as did the noble Lord, Lord Rix. I pay tribute to the work of the Special Educational Consortium and I CAN in this area; we listen to them in great detail and to their recommendations.
	Amendments Nos. 216 and 219 are about safeguarding pupils with special educational needs and disabilities. Amendment No. 216 concerns the knowledge of special educational needs and disability responsibilities among those undertaking behaviour responsibilities in a school. Clauses 81 and 82 specify two stages for the drawing up of a behaviour policy. The governing body draws up a statement of general principles and the head teacher then determines the detailed measures that form the policy itself. In determining behaviour policies, heads must act in accordance with their statutory responsibilities towards disabled pupils and pupils with special educational needs. We will be issuing guidance to schools on making and implementing behaviour policies, which will emphasise the importance of taking proper account of children with disabilities and special educational needs.
	The Disability Discrimination Act and the duties on schools to make reasonable adjustments in the disability equality plans that they are expected to produce from this December have a good deal to say in this regard. We have just issued a huge guidance document, in large ring binders, on implementing the Disability Discrimination Act in schools and early years settings, which gives many concrete examples of how schools can manage behaviour better and make reasonable adjustments—for example, how children with autism who exhibit serious behavioural difficulties can manage queues at mealtimes and other times of the day when their behaviour is liable to deteriorate. We have also produced a DVD as a training resource to go out to schools. I hope that that will have the impact of significantly raising the awareness of head teachers, teachers and governors of their responsibilities under the DDA.
	Amendment No. 216A, in the name of the noble Baroness, Lady Sharp, would require every school to budget for the appointment of a pupil/parent support worker. We are investing £40 million in a pilot of parent support advisers to trial the most effective way to offer early intervention and support to pupils and parents in schools. The pilot includes 20 local authorities and about 600 primary and secondary schools. The pilot is specifically to take forward the Steer group's recommendations on pupil/parent support workers. We of course want to see the development of pupil/parent support workers taken further. We also think that this should be for the professional judgment of head teachers, supported of course by best practice, so far as is possible. The Steer group did not recommend that the Government should require schools to appoint such workers. Its recommendation made it clear that other staffing structures that delivered similar functions could be equally effective. So, while we support strongly this recommendation and are providing funding for a substantial national pilot, we do not think that there is a need to go to the next stage and make the appointment of such pupil/parent support workers statutory.
	We obviously support Amendment No. 218 about
	"mutual respect between parents, pupils and staff".
	Even in terms of enforceable obligations, we believe that it is already provided for. School staff have a well established duty of care towards pupils. They must act as a reasonably prudent parent would in like circumstances. Staff are also under a contract of employment, so poor behaviour by teachers or other school staff is a disciplinary offence.
	Amendment No. 218A seeks to make guidance to pupils and parents mandatory aims of a school's behaviour policy. Providing support and guidance for pupils with behaviour problems should be integral to schools' pastoral systems and we will of course use our guidance on behaviour policies to remind schools of the importance of that.
	The noble Baroness, Lady Sharp, talked a good deal about parents in this respect. We share her concerns. We want to make sure that all parents can take advantage of a wide range of services to help them in their parenting role. The Childcare Act 2006 requires local authorities to give parents the information that they need on the range of services available to them to support them in their parenting role. By 2010, all schools should offer access to parenting support as part of their extended school services. This should include access to information sessions for parents when their child starts school and moves to secondary school; information on the advice and support available to parents through national helplines and websites and from local services; parenting groups; and more specialised support for parents who might need it, such as targeted support for parents whose children have problems with attendance or behaviour at school.
	Amendment No. 220, to which the noble Baroness, Lady Sharp, also spoke, is about procedures for discipline-related concerns and complaints. These already exist. Clause 81 provides a mechanism for parents and pupils to make representations by requiring governing bodies to consult them about the principles underpinning the school's behaviour policy. As for complaints, Section 29(1) of the Education Act 2002 requires all governing bodies to have a general complaints procedure. Any parent who has a discipline-related complaint can use that mechanism to underpin this. We intend to remind schools of their responsibility to make their complaints procedure known in our guidance on school behaviour policies.
	Finally, Amendment No. 222ZA would require schools to make acceptable behaviour contracts with pupils and parents annually. Clause 82 provides for that, by requiring head teachers to publicise their school's behaviour policy and to remind pupils, parents and staff of it at least once a year. Furthermore, expectations about behaviour form part of home/school agreements, which all maintained schools are obliged to have under the School Standards and Framework Act 1998.

Amendment, by leave, withdrawn.
	[Amendments Nos. 216 to 217 not moved.]
	Clause 81 agreed to.
	[Amendment No. 217A not moved.]
	Clause 82 [Determination by head teacher of behaviour policy]:
	[Amendments Nos. 218 to 220 not moved.]

Baroness Walmsley: I thank the Minister for his offer, but I do not think that I will take him up on it. On Amendment No. 221, I have a question about how the phrase that the penalty would be only to the extent that it is reasonable would be interpreted. As the Minister said, although the guidance will have examples, how would it be tested if someone thought that one of the penalties was unreasonable? Perhaps the noble would like to write.

Lord Adonis: As the Minister for special educational needs I am very alive to the issues raised by the noble Lord, Lord Rix, my noble friend Lady Thornton and the noble Baroness, Lady Darcy de Knayth, in respect of excluded pupils. However, in my experience, there are always more statistics that one can give. I shall give more statistics because I want to put the issue into context. I accept that there is a continuing serious issue in regard to the exclusion of many children who have special educational needs. We need steadily to improve our support for schools to enable them to make the reasonable adjustments that we want to see made for pupils with SEN, and to tackle and improve their behaviour without making exclusion necessary.
	There has been a very significant improvement in this area in recent years. I am very keen that the figures should go on the record to inform further debates. The number of permanent exclusions from schools has fallen dramatically from 12,300 in 1997 to 9,440 last year, a reduction of one-quarter. Exclusions of pupils with statements of special education needs are down even more significantly, from 2,250 in 1997 to 850 last year. The percentage of permanent exclusions of pupils with special educational needs has halved in that period, from 18 per cent in 1997-98 to 9 per cent last year.
	We all accept that there is a continuing issue on exclusions generally, and exclusions of pupils with special educational needs in particular, but the statistics show a significant improvement in the past nine years. I believe that that has been due in good part to the much greater seriousness with which schools, head teachers and governing bodies take special educational needs. It is also due to the significantly strengthened guidance that we have issued. The guidance is very tough. Paragraph 43 of the most recent guidance on exclusions of pupils from schools and pupil referral units, issued in October 2004, says:
	"Other than in the most exceptional circumstances"—
	I stress those words—
	"schools should avoid permanently excluding pupils with statements. They should also make every effort to avoid excluding pupils who are being supported at School Action or School Action Plus"—
	those are pupils with SEN who do not have statements—
	"under the special educational needs code of practice, including those at School Action Plus who are being assessed for statements. In most cases, the head teacher will be aware that the school is having difficulty managing a pupil's behaviour well before the situation has escalated. Schools should try every practicable means"—
	again, I stress those words—
	"to maintain the pupil in school, including seeking local authority and other professional advice and support at School Action Plus or, where appropriate, asking the LEA to consider carrying out a statutory assessment. Where a child is permanently excluded, the head teacher should use the period between his or her initial decision and the meeting of the governing body to work with the local education authority to see whether more support can be made available or whether the statement can be changed to name a new school. If either of these options is possible, the head teacher should normally withdraw the exclusion".
	I hope that when Members of the Committee study my words in Hansard, they will see that the guidance is very strongly drawn. It has significantly reduced exclusions, particularly of pupils with statements of special educational needs. If there are further changes that we could reasonably make over and above that and our guidance on implementing the duty to make reasonable adjustments in respect of disability, we will of course consider them. But the judgment I have reached is that in statutory terms, and in terms of the guidance which underpins statute, the provisions in place are about as strong as we could reasonably make them.
	The issue, as the noble Baroness, Lady Darcy de Knayth, rightly highlighted, is the actual levelof training provision in schools. We are seeking constantly to improve that so that teachers, head teachers and governing bodies can make the best possible provision for pupils with special educational needs, including those whose behaviour is such that they might become liable for exclusion.

Lord Adonis: Perhaps I may deal first with the issue of statutory protection for the use of force within further education colleges. I am glad to say that this is one of the numerous areas where the Liberal Democrats have persuaded us by the force of their arguments that we should amend the Bill. Having reflected on the amendments tabled by the noble Baroness, Lady Sharp, we believe that it is appropriate that colleges should have a parallel power to schools in this area. Although we cannot accept the precise amendments she has tabled, as that would create an anomalous reference to further education colleges within a part of the Bill dealing exclusively with school-related matters, government Amendment No. 255A, in my name in this group, broadens the current clause to cover students studying at further education colleges.
	We are also, with the other amendments standing in my name, introducing into Part 9 a clause to be inserted into the Further and Higher Education Act 1992 which would extend the power to use reasonable force to further education institutions. This clause purposely mirrors the school clause in the Bill, Clause 86, thereby ensuring consistency of approach between schools and colleges. We have consulted institutions within the FE sector and representative bodies to establish the suitability and appropriateness of introducing a statutory power to enable the use of reasonable force in certain circumstances for those working in FE colleges, and all those consulted were in favour of such provision being introduced, particularly given the growing number of pupils of compulsory school age attending FE institutions under arrangements made by their schools—a point made by the noble Baroness, Lady Sharp. I stress, however, that this is an enabling power for colleges to use only if they wish. They will remain free to continue with existing arrangements; for example, using security staff or the police to deal with situations that might give rise to the use of force.
	I turn to Amendment No. 227, tabled by the noble Lord, Lord Lucas, which seeks to ensure that the department issues guidance on the interpretation of this clause and specifies recording systems and procedures to be used following any such incident. The department's current guidance on the issue of force, in Circular 10/98, provides clear practical examples of situations in which the use of force might be necessary and the degrees of force that should be used. I am happy to send that to the noble Lord to fortify his summer reading. It contains a whole section on types of incidents where it might be appropriate to use force and sets out three broad categories where action is necessary: in self-defence or because there is an imminent risk of injury; where there is a developing risk of injury or significant damage to property; and—this is a crucial third area that relates to one of the concerns that he expressed—where a pupil is behaving in a way that is compromising good order and discipline. It gives a series of examples of where the use of force might well be appropriate in such cases.
	The guidance also goes on—taking up the point raised by the noble Baroness, Lady Sharp—to define reasonable force. It begins by accepting that there is no single accepted legal definition of reasonable force, but it sets out two relevant considerations: that the use of force can be regarded as reasonable only if the circumstances of the particular incident warrant it; and that the degree of force employed must be in proportion to the circumstances of the incident and the seriousness of the behaviour or the consequences it is intended to prevent. Any force used should always be the minimum needed to achieve the desired results. The guidance then gives a set of practical considerations that should be taken into account and examples of the application of force and what would be appropriate. I hope that that meets the concerns raised by the noble Baroness.
	The noble Lord, Lord Lucas, raises in his amendment the important issue of recording systems. It is important that we do not overburden staff by requiring them to record very minor or even trivial issues which may happen from time to time—for example, in early-years settings. However, there obviously needs to be proper recording of significant incidents and we will address that issue in revising the guidance, to which I referred, that we send to schools.
	Amendment No. 234, in the name of the noble Baroness, Lady Sharp, provides that school staff will be able to use force only after having received appropriate training. School staff already have a statutory power to use reasonable force. Clause 86 re-enacts the current legislation with minor amendments, and I have already referred to the guidance we have in place in respect of it. We are not aware that this essential legislation has caused problems over the past eight years in which it has been in effect. Therefore, we believe that it would be disproportionate and impractical to require every school to give every member of staff who hasany responsibility for supervising pupils specialised training in physical intervention. We believe that head teachers and governors are in the best position to make professional judgments on the training needs of school staff, and schools are already well used to managing staff training.
	Amendment No. 238, which also stands in the name of the noble Baroness, would statutorily define "force" as meaning restrictive physical intervention. Clause 86 stipulates that force must be used only as "reasonable in the circumstances". This makes clear the expectation that staff will use only such forceas is reasonable, which means that it must be proportionate, taking account of the child's individual needs. We are absolutely clear, and the guidance I cited a moment ago also states, that "reasonable in the circumstances" means that the force used should be the minimum required in both type and degree to achieve the objectives specified by the legislation.

Baroness Walmsley: moved Amendment No. 237B:
	After Clause 87, insert the following new clause—
	"Well-being of homosexual pupils
	The governing body and head teacher or principal of a maintained secondary school, academy, sixth form college, further education college, city technology college or city college for the technology of the arts shall have a duty to establish effective policies to prevent the bullying and ensure the safety and well-being of all pupils self-identifying as, or believed by other to be, homosexual, so helping to promote the fulfilment by every pupil of his educational potential."

Baroness Williams of Crosby: This group of amendments, among other things, includes reference to the decision of our Benches to oppose Clauses 96, 97, 98 and 99 standing part of the Bill. The clauses deal almost entirely with the exclusion of children, the giving of notice for excluded children, the issue of penalties for excluded children and the regulations that govern those penalties. I begin by saying that I very much appreciate and strongly support the amendments tabled by the noble Lord, Lord Lucas, who time and again in this Committee has brought an awareness of human life to bear on all kinds of legal aspects of the Bill. I want to say how much I feel that the Committee has benefited—as I have personally—from some of his remarks and insights.
	I shall deal briefly with two aspects of this group of amendments concerning excluded children—by looking at the children and then at the parents, and at the things that characterise each of them. I begin by pleading with the Minister, who is an extremely conscientious and thoughtful Minister, to reconsider this part of the Bill. Anybody with experience of parents who have great difficulties holding their families together, who may have not just one child but several children, and who find it extremely difficult to cope—particularly single parents with the strains and pressures put on them—knows that such parents would find this legislation impossible to live by, however hard they tried.
	I shall try to explain why I say that. I speak with some insight having myself been for some years a single parent. Of course, I was a far more advantaged single parent than most of those whom we are considering in society more generally. Also, in my children's families, both parents have full-time jobs, which is a lesser version of the single parent family in terms of the extraordinary difficulties that will arise from trying to obey and live by the proposals in the Bill.
	First I shall say a word about children. In 2003-04, 344,510 children were given periods of exclusion from school in England and Wales. Of those, 84 per cent were in secondary education. That tells us that the problems that parents have with children in secondary education are much more acute than those with children in primary education. A key reason is that teenage children are much more likely to defy and challenge their parents than younger children, who, by and large, can be expected to obey them. The typical exclusion is short—over 85 per cent are for five days or fewer—which is where these clauses bite, because in short exclusions there are difficulties in making alternative institutional provision for children.
	Now let us look at the parents. In a recent study, 63 per cent of parents who will be affected by the Bill said that their children had been affected by bereavements, breakdowns and problems that arose in the family therefore it was not the school but some external factor that inspired the behaviour that led to the exclusion. Any of us who are aware of the impact on a child of the loss of a beloved parent or even a grandparent, or of how children react to deep disturbances in their families—not necessarily the break-up of the family but constant quarrels and parents shouting at one another, difficult neighbours and all the rest of it—will know that that is often reflected in children's behaviour and it may not be a lasting or deep-seated problem but an acute one at that time. Most families pass through periods of great difficulty and emotional storm in relationships. According to research for the Office of the Deputy Prime Minister in 1996, eight out of 10 families evicted for anti-social behaviour—a deep disturbance for children—were headed by single parents. This Committee is aware of how commonly the multiple burdens borne by a family make it almost impossible for it to sustain itself and maintain calm and good order.
	The Government have rightly gone a long way to encourage single parents back into work relatively rapidly after the birth of their youngest child. That means that many parents are clinging to often ill-paid, unattractive jobs with unconcerned employers of the kind to which the noble Lord, Lord Lucas, referred. Those parents are the most likely to lose their jobs if they fail to turn up or to explain why they have not turned up. As the noble Lord, Lord Lucas, said, if they have to respond to a notice on the same day, how do they begin to explain, even to a reasonably sympathetic employer, that they cannot come to clean the hospital ward or wash the dishes after the restaurant is closed? It is ludicrous to suppose that a parent who is already under stress as a result of an unruly child can somehow persuade an employer within a matter of hours to accept her reason for being away.
	Much of this part of the Bill is simply not reasonable. I shall give another instance. As the noble Lord, Lord Lucas, has said, reasonable justification is defined in guidance to local authorities and schools. That guidance will depend, to some extent, on the local authority. But we already know that the reasonable justification of shopping is likely to be disallowed. It is one thing if shopping means going out to get the latest in bikinis because you are going to Spain on holiday next week; but if shopping means that you have run out of nappies for your younger child, that you have no milk for your middle child, that you cannot get to the shops or that it takes you time to get to the shops because you do not have a car, it is absurd to suppose that in those circumstances it is not a reasonable justification. Most of us in the Committee, especially those of us who are parents or grandparents, are acutely aware that that is a real justification in some circumstances, although it is clearly a ludicrous justification in others.
	For all these reasons, I hope that the Minister will consider the points made in this short debate and bear in mind the extraordinary strains on single parents, be they mothers or fathers. Incidentally, they will be made more acute by the winding-up of the Child Support Agency, which means that in some cases we will be looking at families that have simply run out of money, and the money they are legitimately entitled to may take months to reach them now. On top of that is the pressure on single parents to go back to work. All these circumstances mean that the provision badly needs to be recast, taking into account what the noble Lord, Lord Lucas, said—with great respect to him, that is the bare minimum. One day's notice to a parent that they have to be with an excluded child is an incredibly narrow period. I would have proposed three days' notice, but since the Government say no days' notice, then one day is not an unreasonable amount to ask for.
	I plead with the Minister to look carefully at this group of amendments and at the clauses, whichplace unreasonable demands on some of the most desperately pressed of our fellow citizens.
	We are not sufficiently imaginative about this group of children and their parents. The Prime Minister said that we should address not only crime but the causes of crime. Deep in the causes of crime are excluded children. They are the children who will almost certainly be the offenders of five or 10 years' hence. We need to look more imaginatively at their plight. I ask the Minister to consider three—there may be many more—possibilities. First, how far community support officers could be brought in to assist families with secondary-age children, where the child is unwilling to accept the exclusion order and takes no notice of it. Some community support officers could be trained to deal with this situation to help the parent who is unable to cope. Incidentally, it would also be very good evidence of their inability to cope. A second area which we should certainly look at is parenting classes in dealing with difficult children, particularly teenagers.
	Finally, and much more radically, one of the most distinguished chief education officers this country ever had, Sir Alec Clegg of the East Riding of Yorkshire, proposed a long time ago that many children at this age could be rescued through extra support, not only financial but emotional, involving such measures as "adoptive grandparents" and, in extreme cases, boarding provision. He said that this should be done before their almost inevitable detainment at young offenders' institutions and prisons, where for the rest of their lives they would be an expensive problem for a community to which they could no longer contribute. I support the amendment.

Lord Adonis: Any concerns raised by the noble Baroness, Lady Williams, such as those that she has raised here, merit my full consideration and I give her the undertaking that she sought. I will reflect fully on what she said. However, it is my duty to set out the Government's thinking behind the amendments so that she may reflect on what we have to say and, when we come to Report, we may further the debate. Of course, I take immensely seriously what was said by the noble Baroness, Lady Howarth, who also brings a great wealth of personal knowledge to this area.
	I shall make three introductory remarks before I deal with the detail. First, from the remarks made by the noble Baroness, Lady Williams, there may be a belief that the policy was entered into lightly and without due consideration. I should emphasise that that is absolutely not the case. Many speakers in debates on earlier clauses made reference to the report on behaviour and discipline produced by the working group chaired by Sir Alan Steer. That was a group of practitioners of great knowledge, wisdom and length of service who were expert in the area. It produced a whole set of recommendations which we are seeking to take forward. It placed great emphasis on meeting the needs of individual children and ensuring that schools do that more effectively by training, support and so on. The recommendations that it made in this area are precisely what we are taking forward inthe Bill.
	Paragraph 147 of the Steer report is headed, "Making Exclusions an Effective Sanction". It states:
	"We consider it important to ensure that exclusions are an effective sanction and are not seen as a 'reward' (time off school) but as a punishment. We also consider it important to ensure that excluded pupils are not wasting time and making a public nuisance of themselves".
	Anyone with any knowledge of the problems that schools face knows that excluded pupils at school gates and otherwise in the environment of schools is a very serious problem that schools must address.
	With all due deference to the other views that have been expressed in this debate, we have been recently debating the issue of knives in schools. I say that because an incident is very much in my mind. The fatal stabbing of a pupil in a school in north London recently involved a pupil who had been excluded who was at the school gate. The issue of excluded pupils making, as Sir Alan Steer's report says, a public nuisance of themselves, is real and one that we as a community must seek to address.
	Sir Alan Steer's report continues:
	"Excluded pupils need to be supervised appropriately and continue to experience learning".
	At paragraph 148 it states:
	"In a democratic society parents must have responsibility for their children".
	Let me emphasise that. I accept what the noble Baronesses, Lady Williams and Lady Howarth, said; of course parents can be expected to take responsibility for their children only to the limit of their capacity. I do not believe, however, that we should accept that that limit is necessarily short of being able to supervise their child at home for one or two days.
	I appreciate the experience that the noble Baroness, Lady Howarth, brings to this, but I grew up in a community where there were many very challenging parents who had to deal with these situations. We do not properly recognise the responsibility that parents are capable of taking on. We assume that all parents who happen to be poor and have challenging lives are not capable of taking responsibility for their children when they are excluded for one or two days. Perhaps I should stress that 50 per cent of all temporary exclusions are for one or two days, and 26 per cent are simply for one day, so I implore the Committee to get this into perspective. In the great majority of cases covered by the amendments, we are talking about exclusions for one or two days, or at the outside three days, and saying to parents that they should take proper responsibility for their children and not as a matter of course regard it as acceptable that their children are unsupervised and not subject to proper parental discipline.

Lord Adonis: I accept the case given by the noble Lord would be a reasonable justification. However, in many cases parents in receipt of a telephone call—we are not talking about two days of delay for a letterto arrive—would be perfectly capable of taking responsibility to their children at an hour or two's notice. Although I accept the noble Lord's case and believe that the Bill makes provision for it, he will probably accept that in many cases putting this responsibility on parents would be a perfectly appropriate thing to do.

Baroness Buscombe: I shall speak to Amendments Nos. 248ZAC and 248G. Amendment No. 248ZAC would create the role of an adult learning director in Ofsted to redress the balance after the abolition of the Adult Learning Inspectorate. The amendment was put forward by my honourable friend in another place, John Hayes MP. He raised the issue as a result of correspondence with the Institute of Directors, whose expectations for the future of adult learning are far from optimistic. In its experienced opinion, the Institute of Directors states that,
	"it seems inevitable that, despite the Government's protestations and soothing reassurances, the new inspectorate will concentrate on children and schools at the expense of adults".
	While the reasons for closing the Adult Learning Inspectorate were lacking, the Institute of Directors said that the operational benefits were unconvincing and the financial saving underwhelming.
	The Minister in another place suggested that this amendment would not stand up to scrutiny as in his opinion, a head of schools and a head of adult learning would place a dividing line between the academics and the vocational. Aside from the obvious oversight that adult learning takes place in further education colleges and not schools, so the comparison is, to a certain extent, redundant, I suggest the very opposite. Surely the existence of a head of inspection for schools but no position for adult learning will create a division of attention in the inspectorate that all but ignores adult learning.
	The Minister in another place stated that he wants pathways between the vocational and the academic. That is a laudable aim which would be fully supported by our amendment and would ensure that both the vocational and the academic would be equally represented within the inspectorate.

Baroness Buscombe: In moving Amendment No. 248ZAA, I shall also speak to Amendments Nos. 248ZAB and 248ZH. This cluster of amendments is intended to probe the precise strategy for the new Office for Standards in Education, Children's Services and Skills, which I see will retain its former acronym, Ofsted—as we have already said.
	Amendments Nos. 248ZAA and 248ZAB are probing amendments. It is not our intention to abolish the salary of the chairman and appointed members of Ofsted; neither is it our intention to abolish committees that may be set up. But in the absence of on-the-record information from the Minister in another place on the precise financial arrangements of Ofsted, I hope that the Minister will be able to shed light on these issues.
	My honourable friend Nick Gibb MP asked in another place whether the Minister felt that the present arrangements lacked strategic direction. In response, the Minister said that he was,
	"not here ... to spell out those strategic directions".—[Official Report, 11/5/06; col. 907.]
	It seems to me that the answer to my honourable friend was, "Yes"—the department's present arrangements for Ofsted do lack strategic direction.
	It is right that Ofsted should function entirely independently; that is at the core of its great value for education in this country. There would be no point in having a government-run body to inspect schools and, by implication, the government education policy. Even so the department, which in the words of the Minister in another place has no strategic input into Ofsted, has implemented spending powers to be set by the Secretary of State and introduced new powers to create committees—all of which come with a generous civil servant pay and pension packet.
	What the Minister in another place failed to answer was the point concerning the structural reconfiguration and the accountability of levels of remuneration. The regulatory impact assessment quotes the Government's policy on inspection of public services, which states that it,
	"supports inspection where it can be demonstrated that the benefit outweighs the cost".
	But nowhere in the regulatory impact assessment is there mention of an advance audit of how effective Ofsted spending will be. The RIA states that at the time of publishing, cost estimates were based on an early assumption that,
	"will be refined as the detail of the policy is developed".
	I hope the Minister can fill us in on the detail of that policy, how much it is set to cost the taxpayer and, crucially, whether it will affect the independence of Ofsted.
	Further to the question of initial finances, there is also little to no incentive in the Bill for the office to keep costs in control. These expenses are easy to accumulate in hotel bills, travel and so on. My honourable friend in another place, Nadine Dorries MP, tabled an amendment that would have ensured that schools did not pay an unlimited fee for their own inspections. I should be grateful if the Minister could shed some light on what incentives exist or are planned to help the new office minimise costs. I am minded to await the Minister's response today with the possibility of bring back a revised version of the amendment in the light of information about Ofsted's strategy.
	The proposed inspectorate will incorporate a vast remit and not just in educational terms. It will stretch from nursery schools to adult education—also incorporating the children's services from the Commission for Social Care Inspection—to prison inspection work with juvenile estates. That is planned, I understand, to happen by 2008. That is a tight schedule. I fear that while these various different inspectorates jostle for their new roles under the Ofsted umbrella, roles will become confused and the vital component of our educational system, the head official body for holding schools to account, will suffer, resulting in literally immeasurable damage to standards in schools.
	Amendment No. 248ZH injects a duty to promote high standards into the office, which, in its title, stands to represent standards in education, children's services and skills. I was extremely surprised to note that such a priority was not already included in the Bill, and even more surprised to note the Minister's rejection of the amendment in another place, stating that the amendment was at odds with the general purpose of Ofsted, although the regulatory impact assessment states:
	"Inspection has a key role to play in the reform and improvement of public services",
	and—this is the most important thing of all, on which we have touched again and again, although maybe not enough in this Committee—
	"helps to drive up standards".
	I should be interested to know which of those statements is true.
	Why should not Ofsted focus on high standards? The key to the role of Ofsted must be to ensure that all schools are good. Both the White Paper and the RIA state repeatedly that,
	"satisfactory is no longer good enough".
	The educational goalposts shift ever upwards. However, that aim, which I read to mean that all children must achieve their best, must be tested.
	The Government's policy is clear. Page 143 of the RIA states unequivocally:
	"The Government challenges all schools to provide the best possible standards of education to all their pupils, so all children and young people can achieve their potential".
	Yet in another place the Minister rejected the amendment from my honourable friend, retabled as Amendment No. 248ZH today, which would make it a key statutory aim for the chief inspector to exercise his functions with a view to promoting high standards. That is the essential bridge between the statement of intent that we can find on the first page of the Bill in new Clause 13A(l)(a), "promoting high standards", and the realisation of the success or failure of that ambition. I beg to move.

Lord Sutherland of Houndwood: I shall speak to the three amendments under my name in this group, Amendments Nos. 248ZAD, 248ZAE and 248ZAF. I have some residual concerns about the process proposed in this part of the Bill. These are probing amendments that I hope will bring clarification of what the consequences and achievements of such a part of the Act would be as it becomes an Act. What is the added value of the office being structured in this way? Is there a potential deficit? I stress also the points made in the previous speech about the importance of independence for Ofsted and clarity of purpose and governance. I suspect that these clauses of the Bill will add to neither independence nor clarity.
	This measure could be expensive. Doubtless, as committees and sub-committees multiply, it will become more expensive because they all have to be fuelled and the expenses covered. Ofsted has happily moved ahead in its management arrangementsto include independent members of the senior management group within Ofsted. I think that these independent members have given considerable value and provided what this part of the Bill ideally sets out to provide. They have been a valuable addition and this model of governance has served Ofsted well.
	As for additional value, could it be that weare to use the blessed words "accountable" and "accountability"? Those words usually appear at this stage in such a debate. Her Majesty's Chief inspector is accountable. He or she is accountable to Parliament, and is rightly held to account by Parliament through, for example, the annual report, the Secretary of State and the Select Committees.All of those operate well and in a way that teststhe independence and clarity of vision of the inspectorate.
	That is happening—accountability is there. If there be any doubt, there are more than 25,000 schools in England, each of which has a complement of teachers who regard it as a sacred duty to keep an eye on Ofsted. So there is an informal form of accountability. I believe that accountability is there and clear and should properly continue to be exercised by Parliament.
	Is there then the risk of a deficit in these departures? I believe that there is, and I think that the risk is that the office, constituted as it is in the Bill, will perhaps raise issues about both the professional and independent judgment of the chief inspector and his or her colleagues.
	What precisely is the office meant to add and what will it do? According to the Bill, it will "determine strategy". The Government properly determine policy. If a body such as this determines strategy, what is left for the professionals in the organisation who have served us very well not only in exercising government policy and criticising it but also in determining the strategic ways in which it can be carried out? If such a body were excluded from determining strategy and perhaps reduced to advising, as my amendment suggests, I think that there would be a consequence which shows the danger in the proposals: mission drift. I think that that will happen anyway. I think that the body in question will suddenly find that it sits in a position where it can ask more questions—I am tempted to say "x" fool questions—than it reasonably should, and that will provide a bad air to efficient organisation within Ofsted.
	There will be a layer of bureaucracy between the inspectorate and the exercise of its judgment in practical ways. Does it have to go back to the body in question—in monthly meetings, six-weekly meetings, three-monthly meetings? Does the chief inspector have to go back to that body before making sometimes very urgent practical decisions to ensure that it is in line with strategy and strategic priorities as set out in the mind of the office?
	My view is that this element of the Bill will at best add little to the activities of Ofsted. As it stands, however, it could confuse the lines of accountability and the professional responsibilities of the inspectorate and the chief inspector by adding another line of accountability. I know that the schedule spells out in some detail who does what, but I do not think that it adds up to a clear line of responsibility or a clear line of accountability. For example, the office can make appointments but only through the action of the chief inspector. That seems rather convoluted, and there is a series of similar examples in the Bill.
	I would ultimately wish that these clauses be excised, but I suspect that that is too much to hope for. However, if they are to remain, I hope that they can be modified to make plain where independence, professional judgment and accountability lie, which is quite clearly with Parliament rather than, effectively, a quango.

Lord Adonis: Amendment No. 248ZAA, in the name of the noble Baroness, Lady Buscombe, concerns paragraph 5 to Schedule 11. I stress that these remuneration and salary arrangements for members of the office are common to any public organisation with a non-executive board. They are not unusual and replicate those made in other equivalent cases. It is only right that members of the non-executive board are financially compensated for their services through a remuneration package, the payment of allowances and pensions. Removal of this provision would limit the ability to recruit members of sufficient expertise.
	The noble Baroness asked what pressure there would be on the new Ofsted to contain costs. There is a requirement on the office in that regard under Clause 108(1)(c) and Clause 109(1)(c). Clause 109(1)(c ) states:
	"The Office is to perform its functions for the general purpose of encouraging...(c) the efficient and effective use of resources in the carrying"
	out of its duties. The savings that we expect to be realised by bringing together all these inspectorates are set out in the regulatory impact assessment, which states in paragraph 20.29 that while there willbe transitional costs of around £13.5 million to£19.7 million, there is an expectation of annual savings of £6.4 million, which means that there is an implied payback period, once cumulative savings have covered any transitional costs, of between two years, nine months and three years, eight months. I should stress that the Government agree with Ofsted and will agree with it in future regarding the cost envelope in which that has to be conducted. That is an absolute cash limit which imposes significant discipline on Ofsted and will continue to do so.
	On Amendment No. 248ZAB, paragraph 7 to Schedule 11 is a standard provision, giving the non-executive board flexibility to establish whatever committees and sub-committees it chooses. There is nothing unusual in that respect. As my honourable friend said in another place, at the moment we do not know what pattern of committees and sub-committees the office will choose to establish and we regard that as beyond our remit to determine. The office should be free to determine those matters itself.
	The noble Lord, Lord Sutherland, spoke to Amendments Nos. 248ZAD, 248ZAE and 248ZAF with all the authority of a former chief inspector. I appreciate the points that he made. He was the first head of Ofsted and established it as one of our most successful inspectorates over the past 15 years, if one looks at the results in terms of higher school standards and the increased accountability in the schools system. However, I think that the noble Lord would accept that our proposed model of a non-executive board is not unusual. Indeed, it is much more common for organisations of this kind than that which has been in place for Ofsted.
	The present chief inspector, Maurice Smith, and his predecessor, David Bell, who is now Permanent Secretary in my department, met noble Lords a fortnight ago to look at these provisions. Both expressed satisfaction with the current provisions and they believed that the demarcation of responsibilities between the proposed non-executive board and the chief inspector are appropriate to the task and did not raise concerns.
	I should emphasise that the Bill provides the board with no powers to overrule the chief inspector on any matter concerning his inspection and regulatory functions. It places those powers and duties firmly and unambiguously on the chief inspector. So, the independence of the chief inspector to report onthe findings from any inspection and to advise the Secretary of State as he or she sees fit are firmly enshrined in Clause 110. As in the time of the noble Lord, Lord Sutherland, as chief inspector, the new Ofsted will be a non-ministerial government department, emphasising that it will continue to have the same status and independence as today. Her Majesty's Chief inspector will continue to be appointed by Her Majesty in Council, which is a further significant guarantee of the inspectorate's independence.
	The noble Lord raised issues relating to the relationship and accountability between the chief inspector and the board. I believe that they are fairly set out. But one of the pertinent points raised by Maurice Smith and David Bell in their meeting with noble Lords was that, at the moment, Her Majesty's Chief inspector's accountability for his performance is to the Secretary of State in my department, with whom the chief inspector has an annual meeting that determines performance bonuses and issues of that kind. Those who wish to safeguard the independence of Ofsted would agree that being accountable to the board will be a more substantial safeguard of the independence of the chief inspector than is the case at present, because there is no board to the Department for Education and Skills through the Permanent Secretary.
	Amendment No. 248ZH, in the name of the noble Baroness, Lady Buscombe, seeks to ensure that the chief inspector exercises his functions with a view to promoting higher standards. I am pleased to tell her that the inspection remits under which the chief inspector works will continue to be agreed with the Secretary of State, as now, and they will give primacy to the promotion of higher standards—so there will be no change in that regard.
	Amendments Nos. 248D and 248E were spoken to by the noble Baroness, Lady Sharp, and tabled at the instigation of the Local Government Association. At present, a local authority's performance rating for its children's services functions is arrived at by Ofsted and CSCI discussing and agreeing a rating constructed of two parts: for education and for children's social care. Clause 130 provides for a single performance rating to be awarded by the chief inspector following the transfer of functions.
	The Government believe, first, that tracking year-on-year progress is a key element in driving up performance and, secondly, that providing an overall rating enhances local accountability by providing local communities with a simple measure of their council's performance. Those provisions are in the Bill but I should be very happy to discuss the matter further with the noble Baroness if that would be helpful.

Baroness Walmsley: We are reaching the home straight. I shall speak also to the rest of the amendments standing in my name in this group. I should also mention that, although my name has not been added to Amendment No. 248CA, I support the spirit of what the noble Earl, Lord Listowel, seeks to do. I know that he is not very well today and I wish him well. The noble Baroness, Lady Howarth, will be speaking to that amendment.
	Amendment No. 248ZB would add to the functions of the office of the chief inspector the duty to safeguard and promote the best interests of the child. Of course, any organisation providing services to, or inspecting services for, children should have such a duty to safeguard and promote the welfare of children. Although we welcome the provisions in the Bill which state that in performing its functions the office has to have regard to the need to safeguard and promote the rights and welfare of children, we feel that this should be included in the functions of the office rather than in the performance of the office's functions. Perhaps we can hear angels dancing on the heads of pins at the moment but that is where we would prefer to see that provision.
	Amendment No. 248ZC is another "voice of the child" amendment. It would ensure that the office—I cannot get used to calling it "the office"; I have a picture in my mind of television soap operas—in performing its functions, took account of the views expressed by children. That is an honourable duty. The Minister has been kind enough to accept it in other respects and I hope that he will also look kindly on the idea in this regard.
	Amendment No. 248ZD would insert definitions of "rights" and "well-being". We welcome the office's functions with regard to the need to safeguard and promote the rights and welfare of children. However, for the sake of clarity, we would hope that the definition of rights as set out in the UN Convention on the Rights of the Child and the Human Rights Act 1998, and the definition of "well-being" in the Children Act 2004 could be added to Clause 109(4), as no one would then be in any doubt about what we mean by those things.
	Amendment No. 248ZG would insert the definition of "well-being" into Clause 110 regarding the functions of the chief inspector and his duty to keep the Secretary of State informed about improvements in well-being.
	Amendments Nos. 248ZE and 248ZF have been suggested to us by the NSPCC, which believes that a function of the chief inspector should be to keep the Secretary of State informed about the quality of improvements in outcomes achieved by children in receipt of social services. The wording of the Bill relates to Ofsted's current inspection methodology, which has a very prescriptive, standards-based approach, lacking in user-focused outcomes, in the opinion of some. A reference to improving outcomes and well-being, as set out in the Every Child Matters Change for Children programme is essential to ensure that the focus on children and young people is maintained, and in particular, the focus on the most vulnerable children and young people for whom inspection arguably plays an even more important role.
	Amendment No. 248C puts a duty on the Children's Rights Director to co-operate with the Children's Commissioner for England. Those two roles are complementary and a duty to co-operate would formalise the current effective working relations.
	Amendment No. 248A was suggested to us by the Commission for Racial Equality. It states that in the performance of the chief inspector's functions, he
	"shall ensure that inspections and all his other functions are carried out with regard to race equality and in particular the general statutory duty".
	Although Ofsted is currently subject to the general and specific duties, it is taking an increasingly narrow view of its obligations under the Race Relations Act. Ofsted sees its function of reporting to the Secretary of State as discretionary when patterns of inequality emerge in relation to compliance with specific or general duties. Patterns of inequality can include differential or disproportionate rates of exclusion, significant differentials in levels of attainment, disproportionate or differential rates of admission failures, admission patterns or in individual inspection reports. It is difficult to see how such patterns will emerge, given that Ofsted has stated that it sees any analysis of self-evaluation form data for such trends as being outside its current statutory duties and legal obligations. These self-evaluation form data are collated by individual schools.
	Ofsted has said that its new brief reports, which we all welcome, cannot hope to cover all of the school's statutory duties. That approach means that it is increasingly likely that schools inspection reports will not assess the extent to which schools are promoting race equality and good race relations. Ofsted currently interprets its responsibilities under the race equality duty so narrowly that it gives it wide discretion as to when and how, or even if it will inspect, assess and report on race equality compliance and outcomes. This is a particular concern, given that the newly enlarged Ofsted is taking over the functions of other inspectorates, some of which currently interpret their responsibilities more broadly, such as the adult learning inspectorate which looks specifically at equality of opportunity as a distinct section. It seems that we have the marrying of organisations that take a somewhat different approach to this issue.
	To be able to deliver the objectives of the Government's wide strategy, the Commission for Racial Equality tells us that it believes there is a need for a clear requirement written into the Bill that obliges Ofsted to ensure that its inspection, assessment and reporting functions are carried out with regard to the race equality duties. That would limit its discretion and remove the possibility of continuing inequalities and outcomes in education, and so on. On top of that, the clause would help the Government to fulfil its IOSS commitment to increasing race equality and community cohesion. It will certainly help them to honour its commitment of placing a duty on all schools to promote social inclusion and community cohesion.
	The last of my amendments in this group is Amendment No. 248F, which requires the chief inspector to have particular regard to safeguard and promote the welfare of children, ensure co-operation arrangements are in place to improve their well-being and promote the best interests of children as per the UN Convention on the Rights of the Child for children who are detained in secure training centres, local authority secure children's homes and youth offending institutions, or who are in the process of being adopted or fostered. Children in these settings are especially vulnerable, and we believe that Her Majesty's chief inspector should have particular regard to their needs. I beg to move.

Lord Adonis: I am glad I can offer the noble Baroness, Lady Howarth, the assurances she seeks on Amendment No. 248CA. As she rightly said, the report conducted by the joint chief inspectors on safeguarding was an immensely valuable document, not only because of its focus on safeguarding, but also because of its collaborative nature, commenting on safeguarding across inspectorate remits. We are happy to confirm that this report will continue and that we will agree with the new Ofsted a basis on which that will take place.
	Amendment No. 248ZB was moved by the noble Baroness, Lady Walmsley. The Government are absolutely clear that safeguarding children is an important part of Ofsted's new remit. Therefore, Clause 109 contains a list of factors for the board to have regard to in performing its functions, including,
	"the need to safeguard and promote the rights and welfare of children".
	That is a major factor.
	The noble Baroness referred to the functions of the office, as set out in Clause 108. It should determine the strategic priorities and set strategic objectives and targets for the chief inspector, and subsequently to hold her to those. They are distinct from the factors that the office must take into account when establishing what those priorities will be. So we do not think that it is suitable for safeguarding children to be one of the office's functions in Clause 108. But it is precisely because of the importance that we attach to the safeguarding the rights and welfare of children that Clause 109 refers to them as it does.
	On Amendment No. 248ZC, of course it is essential that the views of children are listened to by the new Ofsted. We can offer firm reassurance that this will continue. In particular, subsection (4) of Clause 109 defines relevant persons as,
	"persons for whose benefit they are carried on".
	That covers all users of services including children, and will be taken to be so by the new Ofsted.
	On Amendment No. 248ZD, in performing its functions under Clause 109, we fully expect the office to satisfy itself that it is operating to the most suitable definitions of rights. We have every confidence that, in doing so, rights will include, so far as is relevant, rights under the United Nations Convention on the Rights of the Child, as well as the Human Rights Act, and those that may otherwise be conferred on children through other legislation.
	In considering the welfare of children, the office would of course look to the Children Act definition of well-being, but also more broadly. The Children Act outcomes are highly relevant, given that they guide how HMCI will conduct her inspection functions on children.
	We fully understand the noble Baroness's desire, also through Amendments Nos. 248ZE, 248ZF and 248ZG, for HMCI to keep the Secretary of State informed about improvements in well-being for children. I can assure her that the use of the word "standards" in this context does not relate solely to educational standards. We expect the chief inspector to comment as relevant on the well-being and outcomes for all users of services inspected. Where services for children are being discussed, the Children Act outcomes and well-being will of course be central to such reporting.
	Turning to Amendment No. 248A, I should make it clear that Ofsted is committed to race equality and the important role inspection plays in assessing and reporting on educational performance and outcomes for children from all backgrounds. This commitment will be extended across its expanded statutory remit. Ofsted, as a non-ministerial government department and a specified public authority, already has a duty in carrying out its functions to have regard to race relations, including promoting equality of opportunity under the Race Relations Act. We believe that the amendment simply seeks to restate existing legislation.
	The noble Lord, Lord Lucas, referred to Amendment No. 248F. Clause 111(3)(a) requires the chief inspector to have regard to the need to safeguard and promote the rights and welfare of children. This duty applies to all HMCI's functions, not just those covering secure training centres and adoption and fostering services. We believe that that requirement is met. For this reason, the new clause is not necessary.
	Finally, the noble Baroness referred to Amendment No. 248C on the Children's Rights Director. He undertakes a valuable function for the most vulnerable children, which is why his role is being transferred to the new Ofsted. The Children's Commissioner's remit extends to all children. The two roles are clearly complementary but each has different and separate functions.
	We understand that relations between the two postholders are good, and, indeed, a joint concordat between the two has been published, setting out how they will work together, which we take to be a very welcome sign that the collaboration which the noble Baroness seeks is taking place.

Lord Lucas: I was speaking to AmendmentNo. 257. I tabled it merely to understand what is going on in that part of the Bill.
	My other two amendments, the chief of which is Amendment No. 258, followed by AmendmentNo. 252, are to do with educational research. It has long been my feeling that we do not have the quality of educational research, and more particularly the quality of use of educational research, in this country that we should have. When the educational system is the generator of so much research, it seems extraordinary that it does not conduct proper research and put it into effect in the educational system. Far too much happens as the result of ill considered nostra, far too many restrictions are placed on development and experimentation, and far too little is done to discover which developments are doing well and to spread the good news.
	A very recent example is the Government's by no means too early conversion to phonics, which have been an evident path to go down for some considerable time. There has been a lot of research and a lot of work, but it has taken government fiat to make it happen. In a healthy education system, that sort of realisation and improvement should be spreading and generating itself as a matter of course.
	In Amendment No. 258, which mirrors the provisions under which the National Institute for Health and Clinical Excellence was set up, I suggest that we take a leaf out that book, which the Government wrote early in their career by setting up that body, and set up a body whose function is to promote research into education. We should then ensure that, where that research generates some kind of consensus, that understanding is properly promulgated throughout the educational system by means not of fiat but of recommendation, so that we get a pattern of investigation and putting into practice properly researched educational ideas. Many areas would benefit from this, not least diagnosing and treating children with special educational needs. There are all sorts of methods and means of educating and exciting people, and bringing pupils who are finding education unattractive back into the fold. There are so many ways in which research should benefit education, and so few ways in which it does. I do not criticise this Government for lack of trying—we had the beacon schools project, which was tried but failed, and we now have school improvement partners, which are making attempts in this direction—but it seems that we lack a motor at the centre of this, and the Government should take a lesson from their own good practice.
	Amendment No. 252 is a small additional change in this direction. The Education Act 2002 introduced the ability of schools to innovate where the Secretary of State approved that innovation. I suggest that we loosen that a little and do not require the Secretary of State to be convinced that a particular course of action or proposal is good, but require him merely to allow it to go ahead if it is within ordinary bounds and subject to a proper evaluation of its performance. In other words, we should allow innovation and experimentation if there are useful results from it and something at the end of the day that other schools can know and understood; namely, that it has not worked or that it is a really good idea that they should pursue. There would be a proper record of how it was done, what was done and how it worked; in other words, the sort of research base you need to make progress in education.
	There are a lot of schools with good ideas and a lot of teachers who are really innovative in the way in which they approach things. Where teachers are invited to generate proper research findings, as they are frequently by, for instance, Durham University's Institute of Education, they produce a succession of well thought-out and well documented ideas. That is the sort of process and freedom that schools should be allowed. The Secretary of State should not see herself as the gatekeeper to these things, but the person who makes sure that they are done properly. I beg to move.

Baroness Walmsley: I shall speak to Amendment No. 252B tabled in my name in this group, but perhaps I may say first how strongly we on these Benches agree with the objective of the noble Lord, Lord Lucas: ensuring that good quality educational research receives a wider audience and is implemented as broadly as possible. We believe that fact- and evidence-based policies are always the best ones to pursue.
	Amendment No. 252B seeks to ensure that academies are also required by regulations to, for example, act in accordance with the admissions code, serve school meals that meet the nutritional standards and be subject to similar school improvement measures as other schools. In other words, the amendment seeks to relate academy funding agreements to the relevant provisions of the Bill. Of particular concern to us are admissions, school improvement measures and nutritional standards. Perhaps I may speak briefly about each of them.
	It is not possible to reach any conclusion about how the admissions, exclusions or the SEN regime will apply in a particular academy in terms of reference to general principles of educational law and the statutory framework. The first recourse will always need to be to the funding agreement, but levers for pupils and parents over that funding agreement are not as strong as the equivalent levers they would have over a maintained school. The DfES website on academies says that,
	"in all cases the admission arrangements for each academy are agreed with the Secretary of State as a condition of the funding agreement and are consistent with the code of practice on admissions and with admissions law".
	However, as it seems that funding agreements may vary and access to them may be quite difficult for parents, this amendment would give them some reassurance that academies have to abide by the same restrictions on admissions as maintained schools.
	On nutritional standards, academies are intended to replace schools in many deprived areas. The majority will have a high number of pupils entitled to free school meals. For many children, lunch is the main meal of the day, so it is important that meals served on academy school premises are nutritionally balanced. Under-nutrition, as we have heard this afternoon, can have detrimental effects on cognitive development, behaviour and concentration. Including all schools in the requirements would ensure that the food and drink provided on school premises was not subject to undue influence from a particular party such as a school sponsor who might award provision for school food to a particular company or see it as an area where costs could be cut. I understand thatthere have been examples in academies where school contracts have been awarded to companies connected to the sponsor.
	Finally, on school improvement measures andlocal authority powers of intervention, in its briefing sent for an earlier day of Committee, the Local Government Association argued that:
	"Children may well attend schools not maintained by the local authority, but the council is still responsible for their well-being and educational fulfilment...The Bill fails to bring Academies into the scope of a local authority's challenge, intervention and support functions...This would mean a significant number of children in the most deprived communities will be beyond the assistance of councils".
	While many academies are improving, they are not immune to failure, as we have heard on other days in Committee. Local authorities should therefore have the power to intervene to ensure that academies are provided the necessary support if they are failing or coasting so that children's well-being and educational potential are protected.

Lord Adonis: I am glad to be able to respond positively to two groups of amendments before us. The first is Amendment No. 258 in the name of the noble Lord, Lord Lucas. It would require the Secretary of State to establish a foundation for research and excellence in education. We entirely agree with the noble Lord that evidence should have an important role in both the design and delivery of education. My department already commissions a wide range of research—indeed, a colossal range, as I see all the proposals that go through which are funded by my department. However, we are aware that in other sectors, such as health and social care, sector-wide organisations provide guidance drawn from research and other evidence. The noble Lord referred to the National Institute for Clinical Excellence and one might also cite the Social Care Institute for Excellence as examples of that.
	We are considering whether some form of evidence centre in education could summarise and provide digests of research and other evidence in a form that front-line organisations and practitioners could easily absorb. That might take place in conjunction with a university. Such a centre would be likely to cover some of the functions which the noble Lord envisages for the foundation that he described.
	In considering an evidence centre, we need to be careful in defining its role and remit so that it can command widespread credibility. It is a matter that we have in hand, and I will report back to the noble Lord and the Committee when I can.
	Amendment No. 252A tabled by the noble Baroness, Lady Buscombe, would incorporate into the Bill the recommendation of the Delegated Powers and Regulatory Reform Committee that orders under Clause 153 which amend primary legislation should be subject to the affirmative resolution procedure. I can assure the noble Baroness that we accept the recommendations of that committee and intend to table an amendment at Report in line with that recommendation. We cannot accept the noble Baroness's amendment, unfortunately, because parliamentary control of orders and regulations are set out in Clause 167 rather than against individual clauses. But we will achieve the objective that she seeks by means of an amendment at Report.
	Amendment No. 252B, tabled by the noble Baroness, Lady Walmsley, replicates AmendmentNo. 184, laid by my noble friend Lord Judd in that it would apply a wealth of legislation currently applicable to maintained schools to academies. We have already debated this point fully on 18 July, when I stated why I believe adequate protection is already afforded to pupils attending academies.
	I have since written in some detail to both my noble friend Lord Judd and the noble Baroness in response to the points they have made during the debate. I simply reiterate that we believe adequate protections are already afforded to pupils attending academies, including in all three of the areas to which the noble Baroness referred.
	All admissions arrangements in academies must be in accordance with the admissions code of practice. There is no better guarantee of that than the fact that they must be agreed personally by the Secretary of State, including any changes made. As I said in an earlier debate, the nutritional standards will be required through the funding agreements.
	As regards school improvements, I think there is a misconception as to the regulatory authority. It is not that there is not a regulatory authority in respect of academies—there is—but the regulatory authority is the Secretary of State. It is the Secretary of State who appoints school improvement partners for academies and who has the duties which, for maintained schools, are fulfilled by local authorities, as the noble Baroness described. We accept that there needs to be a regulatory authority and that it may, in certain circumstances, need to address poor performance, but that authority is the Secretary of State. As I said to the noble Baroness, Lady Scott, on a previous occasion in Committee when she raised the issue of one academy that has been failing—the Unity Academy in Middlesbrough—we have undertaken significant interventions, both in the governance and the leadership of the academy, which are precisely the kind of interventions that we would expect a local authority to undertake in respect of maintained schools within their area of responsibility.
	Amendment No. 252 in the name of the noble Lord, Lord Lucas, questions the role of the Secretary of State in judging power to innovate applications. I emphasise that we are talking about power to innovate applications which relate to the suspension of legislation in respect of schools, not any power to innovate in the much broader area beyond that which does not require any contravention of existing legislation. Of course we encourage schools to be as innovatory as they wish to be, consistent with meeting their obligations to their pupils. That is the reason why we think there is a role for the Secretary of State. It is essential to ensure that all the evidence on a proposal under the power to innovate requirements—which can have significant implications for the operation of the law—demonstrates to the Secretary of State's satisfaction that it will contribute to raising standards and that pupils and students are not disadvantaged.
	In her Amendment No. 254A, the noble Baroness, Lady Buscombe, seeks to commence provisions in the Education Act 2002 giving exemptions related to school performance on teachers' pay and conditions and the curriculum. I frankly confess to the noble Baroness that we are thinking this through further because, since we enacted those provisions, we have significantly extended the scope for innovation within the curriculum. We have slimmed down the scope of the statutory curriculum and we are seeking to do so further, for example, with the key stage 3 review that we are currently conducting. We have also, through the recommendations of successive reports of the school teachers' pay review body and the additional powers and responsibilities we have given to head teachers in respect of the appraisal of teachers and decisions taken about the putting of teachers on to higher pay spines, given schools greater flexibility in these areas. So, in the context of the changes we have made in respect of schools at large, we are considering whether commencing the provisions in the 2002 Act to which the noble Baroness referred would be a sensible thing to do. But we wish to keep the issue under review and we have not yet reached a definite decision on it.
	Finally, in his Amendment No. 257, the noble Lord, Lord Lucas, asks what is the reason for the relevant provision in respect of the registration authority—being the Secretary of State for England and the National Assembly for Wales—having powers to institute proceedings against any person who has committed an offence relating to independent schools. My explanation, I am advised by my lawyers, is this: it is essential that the legal requirements relating to the registration of independent schools can be enforced. It is entirely appropriate that the registration authority that has responsibility for determining all aspects of an independent school's registration should have the final authority to take action where an offence has been committed. As a condition of registration, independent schools must meet the standards set out in regulations, ensuring that all children are able to learn in a safe and secure environment.
	Experience has shown that the circumstancesin which these powers would be exercised are, thankfully, very infrequent. However, it is only right that the registration authority should be able to act where offences occur which would put children's well-being at risk, and that is the reason for these provisions. On that technical note, I believe we are now well and truly on the home stretch.

Baroness Walmsley: On my amendment, we will just have to accept that it is unlikely to be a meeting of minds between the Minister and us about whether it is appropriate for a Secretary of State to spend his or her time micromanaging individual schools. We believe that it would be much more appropriately done by the local authority, given the experts they have on hand. The Secretary of State should be looking more at the big picture and not micromanaging. We will have to agree to disagreeon that.